Montana Code 44-5-215. Challenge and correction
44-5-215. Challenge and correction. (1) After inspection of criminal history record information, an individual may contest the accuracy or completeness, or both, of the information about that individual.
Terms Used In Montana Code 44-5-215
- Allegation: something that someone says happened.
- Criminal history record information: means information about individuals collected by criminal justice agencies consisting of identifiable descriptions and notations of arrests; detentions; the filing of complaints, indictments, or informations and dispositions arising from complaints, indictments, or informations; sentences; correctional status; and release. See Montana Code 44-5-103
- Criminal justice agency: means :
(a)any court with criminal jurisdiction;
(b)any federal, state, or local government agency designated by statute or by a governor's executive order to perform as its principal function the administration of criminal justice, including a governmental fire agency organized under Title 7, chapter 33, or a fire marshal who conducts criminal investigations of fires;
(c)any local government agency not included under subsection (7)(b) that performs as its principal function the administration of criminal justice pursuant to an ordinance or local executive order; or
(d)any agency of a foreign nation that has been designated by that nation's law or chief executive officer to perform as its principal function the administration of criminal justice and that has been approved for the receipt of criminal justice information by the Montana attorney general, who may consult with the United States department of justice. See Montana Code 44-5-103
- Disposition: means information disclosing that criminal proceedings against an individual have terminated and describing the nature of the termination or information relating to sentencing, correctional supervision, release from correctional supervision, the outcome of appellate or collateral review of criminal proceedings, or executive clemency. See Montana Code 44-5-103
- Dissemination: means the communication or transfer of criminal justice information to individuals or agencies other than the criminal justice agency that maintains the information. See Montana Code 44-5-103
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)If the agency maintaining the criminal history record information does not correct it to the individual’s satisfaction, the individual may request review and correction by the executive head of the agency.
(3)If the requested correction is denied by the head of the agency, the individual may present a challenge to the department of justice.
(4)If the agency in charge of the record in question can verify the accuracy of its record by communication with the originating criminal justice agency, it shall do so. If accuracy or completeness cannot be verified and the agency primarily originating the information containing the alleged error or omission is in the state, the individual shall address the challenge to that agency. If information necessary to verify the accuracy or completeness of the record cannot be obtained by the originating agency, it may rely on verified written documents or include the individual’s allegation in its records in dissemination until there is a final disposition of the challenge.
(5)If the challenge is successful, the agency shall:
(a)supply to the individual, if requested, a list of those noncriminal justice agencies that have received copies of the criminal history record information about the individual; and
(b)immediately correct its records and notify all criminal justice agencies to which it has given erroneous or incomplete information of these changes.